dismissed EB-2 (NIW)

Entrepreneur

Audiovisual Production Field · 2024-09-30

Decision Date
2024-09-30
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Proposed Endeavor

The petitioner proposes to increase the productivity of small businesses located in opportunity zones through training in project management and the creation of high-quality audiovisual content. This work aims to provide substantial positive economic effects in economically depressed areas.

Framework Evaluation

0 of 3 criteria met
1 Proposed endeavor has substantial merit and national importance Not Met

The AAO affirmed that the petitioner did not adequately outline the basis for prospective economic growth or demonstrate an impact extending beyond her immediate clientele, thus failing to meet the national importance standard. Evidence regarding minority-owned businesses and opportunity zones was not specific enough to the proposed audiovisual endeavor or lacked sufficient detail and support.

Why This Petition Was Denied

The motion to reopen and reconsider was dismissed because the petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The AAO found that the petitioner did not adequately outline the basis for prospective economic growth or demonstrate an impact extending beyond her immediate clientele, thus failing to meet the national importance standard. Evidence regarding minority-owned businesses and opportunity zones was not specific enough to the proposed audiovisual endeavor or lacked sufficient detail and support to prove national importance.

Evidence

Evidence Types
Commercial Success
Government Alignment

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Frequently Asked Questions

A dismissed EB-2 NIW petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-09-30.

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At a Glance

Outcome dismissed
Criteria Met 0 / 3
Evidence Types 2

EB-2 (NIW) Case Data

Scraped Case Data

Total Cases 3,813
Success Rate 53.7%
Sustained 2,046
Dismissed 1,671

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